Pottock v. Continental Can Co.

210 A.2d 295 (1965)

Louis POTTOCK, trading as Pottock's Junk Shop, Plaintiff,

v.

CONTINENTAL CAN CO., Inc., a New York Corporation, Defendant.

Civ. A. No. 1882.

Court of Chancery of Delaware, New Castle.

March 9, 1965.

Samuel R. Russell of Bayard, Brill, Russell & Handelman, Wilmington, for plaintiff.

Frank J. Miller, of Walker, Miller & Wakefield, Wilmington, for defendant.

SEITZ, Chancellor:

Plaintiff brought this action against the corporate defendant to enjoin an alleged nuisance and for damages. By way of answer defendant has set up certain affirmative defenses. This opinion is concerned with two…